GRAND BILL OF SALE, Eng. law.
The name of an instrument used for the transfer of a ship, while she is
at sea; it differs from a common bill of sale. (q. v.) See 7 Mart. Lo.
R. 318; 1 Harr. Cond. Lo. R. 567.
GRAND COUTUMIER.
Two collections of laws bore this title. The one, also called the
Coutumier of France, is a collection of the customs, usages, and forms
of practice, which had been used from time immemorial in France: the
other, called the Coutumier de Normandie, which indeed made a part of
the former, with some alterations, was composed about the fourteenth of
Henry II., in 1229, and is a collection of the Norman laws not as they
stood at the Conquest of England, by William the Conqueror, but some
time afterwards, and contains many provisions, probably borrowed from
the old:English or Saxon laws. Hale's Hist. C. L. c. 6.
GRAND JURY,
practice. A body of men, consisting of not less than twelve nor more
than twenty-four, respectively returned by the sheriff of every county
to every session of the peace, oyer and terminer and general gaol
delivery, to whom indictments are preferred. 4 Bl. Com. 302; 1 Chit. C.
L. 310, 1.
2.
There is just reason to believe that this institution existed among the
Saxons, Crabb's C. L. 35. By the constitutions of Clarendon, enacted 10
H. II. A. D. 1164, it is provided, that "if such men were suspected,
whom none wished or dared to accuse, the sheriff, being thereto required
by the bishop, should swear twelve men of the neighborhood, or village,
to declare the truth" respecting such supposed crime; the jurors being
summoned as witnesses or accusers, rather than judges. If this
institution did not exist before, it seems to be pretty certain that
this statute established grand juries, or recognized them, if they
existed before.
3.
A view of the important duties of grand juries will be taken, by
considering, 1. The organization of the grand jury. 2. The extent of its
jurisdiction. 3. The mode of doing business. 4. The evidence to be
received. 5. Their duty to make presentments. 6. The secrecy to be
observed by the grand jury.
4.
- 1. Of the organization of the grand jury. The law requires that
twenty-four citizens shall be summoned to attend on the grand jury; but
in practice, not more than twenty-three are sworn, because of the
inconvenience which else might arise, of having twelve, who are
sufficient to find a true bill, opposed to twelve others who might be
against it. 6 Adolph. & Ell. 236; S. C. 33 e. C. L. R. 66; 2 Caines,
R. 98. Upon being called, all who present themselves are sworn, as it
scarcely ever happens that all who are summoned are in attendance. The
grand jury cannot consist of less than twelve, and from fifteen to
twenty are usually sworn. 2 Hale, P. C. 161; 7 Sm. & Marsh. 58.
Being called into the jurybox, they are usually permitted to select a
foreman whom the court appoints, but the court may exercise the right to
nominate one for them. The foreman then takes the following oath or
affirmation, namely: "You A B, as foreman of this inquest for the body
of the ______ of _________, do swear, (or affirm) that you will
diligently inquire, and true presentments make, of all such articles,
matters and things as shall be given you in charge, or otherwise come to
your knowledge touching the present service; the commonwealth's
counsel, your fellows and yhour own, you shall keep secret; you shall
present no one for envy, hatred or malice; nor shall you leave any one
unpresented for fear, favor, affection, hope of reward or gain; but
shall present all things truly, as they come to your knowledge,
according to the best of your understanding, (so help you God.") It will
be perceived that this oath contains the substance of the duties of the
grand jury. The foreman having been sworn or affirmed, the other grand
jurors are sworn or affirmed according to this formula: "You 'and each
of you do swear (or affirm) that the same oath (or affirmation) which
your foreman has taken on his part, you and every one of you shall well
and truly observe on your part." Being so sworn or affirmed, and having
received the charge of the court, the grand jury are organized, and may
proceed to the room provided for them to transact the business which may
be laid before them. 2 Burr. 1088; Bac. Ab. Juries, A. The grand jury
constitute a regular body until discharged by the court, or by operation
of law, as where they cannot continue by virtue of an act of assembly
beyond a certain day. But although they have been formally discharged by
the court, if they have not separated, they may be called back, and
fresh bills submitted to them; 9 C. & P. 43; S. C. 38 E. C. L. R. 2
8.
5.
- 2. The extent of the grand jury's jurisdiction. Their jurisdiction is
coextensive with that of the court for which they inquire; both as to
the offences triable there, and the territory over which such court has
jurisdiction.
6.
- 3. The mode of doing business. The foreman acts as president, and the
jury usually appoint one of their number to perform the duties of
secretary. No records are to be kept of the acts of the grand jury,
except for their own use, because, as will be seen hereafter, their
proceedings are to be secret. Being thus prepared to enter upon their
duties, the grand jury are supplied with bills of indictment by the
attorney-general or other officer, representing the state or
commonwealth against offenders. On these bills are endorsed the names of
the witnesses by whose testimony they are supported. The witnesses are
in attendance in another room, and must be called when wanted. Before
they are examined as to their knowledge of the matters mentioned in the
indictment, care must be taken that they have been sworn or affirmed.
For the sake of convenience, they are generally sworn or affirmed in
open court before they are sent to be examined, and when so qualified, a
mark to that effect is made opposite their names.
7.
In order to save time, the best practice is to find a true bill, as
soon as the jury are satisfied that the defendant ought to be put upon
his trial. It is a waste of time to examine any other witness after they
have arrived at that conclusion. Twelve at least must agree, in order
to find a true bill; but it is not required that they should be
unanimous. Unless that number consent, the bill must be ignored. When a
defendant is to be put upon his trial, the foreman must write on the
back of the indictment "a true bill," sign his name as foreman, and date
the time of finding. On the. contrary, where there is not sufficient
evidence to authorize the finding of the bill, the jury return that they
are ignorant whether the person accused committed the offence charged
in the bill, which is expressed by the foreman endorsing on the bill
"ignoramus," signing his name as before, and dating the time.
8.
- 4. Of the evidence to be received. In order to, ascertain the facts
which the jury have not themselves witnessed, they must depend upon the
statement of those who know them, and who will testify to them. When the
witness, from his position and ability, has been in a condition to know
the facts about which he testifies, he is deserving of implicit
confidence; if, with such knowledge, he has no motive for telling a
false or exaggerated story, has intelligence enough to tell what he
knows, and give a probable account of the transaction. If, on the other
hand, from his position he could not know the facts, or if knowing them,
he distorts them, he is undeserving of credit. The jury are the able
judges of the credit and confidence to which a witness is entitled.
9.
Should any member of the jury be acquainted with any fact on which the
grand jury are to act, he must, before he testifies, be sworn or
affirmed, as any other witness, for the law requires this sanction in
all cases.
10.
As the jury are not competent to try the accused, but merely to
investigate the case so far as to ascertain whether he ought to be put
on his trial, they cannot hear evidence in his favor; theirs is a mere
preliminary inquiry; it is when he comes to be tried in court that he
may defend himself by examining witnesses in his favor, and showing the
facts of the case.
11.
- 5. Of presentments. The jury are required to make true presentments
of all such matters which may be given to them in charge, or which have
otherwise come to their knowledge. A presentment, properly speaking, is
the notice taken by the grand jury of any offence from their own
knowledge, as of a nuisance, a libel, or the like. In these cases, the
authors of the offence should be named, so that they may be indicted,
12.
- 6. Of the secrecy to be observed by the grand jury. The oath which
they have taken obliges them to keep secret the commonwealth's counsel,
their fellows and their own. Although contrary to the general spirit of
our institutions, which do not shun daylight, this secrecy is required
by law for wise purposes. It extends to the votes given in any case, to
the evidence delivered by witnesses, and the communications of the
jurors to each other; the disclosure of these facts, unless under the
sanction of law, would render the imprudent juror who should make them
public, liable to punishment. Giving intelligence toa defendant that a
bill has been found against him, to enable him to escape, is so
obviously wrong, that no one can for a moment doubt its being criminal.
The grand juror who should be guilty of this offence might, upon
conviction, be fined and imprisoned. The duration of the secrecy appears
not to be definitely settled, but it seems this injunction is to remain
as long as the particular circumstances of each case require. In a
case, for example, where a witness swears to a fact in open court, on
the trial, directly in opposition to what he swore before the grand
jury, there can be no doubt the injunction of secrecy, as far as regards
this evidence, would be at an end, and the grand juror might be sworn
to testify what this witness swore to in the grand jury's room, in order
that the witness might be prosecuted for perjury. 2 Russ. Cr.. 616; 4
Greenl. Rep. 439; but see contra, 2 Halst. R. 347; 1 Car. & K. 519.
Vide, generally, 1 Chit. Cr. Law, 162; 1 Russ. Cr. 291; 2 Russ. Cr. 616 2
Stark. Ev. 232, n. 1; 1 Hawk. 65, 500 2 Hawk. ch. 25; .3 Story, Const.
§1778 2 Swift's Dig. 370; 4 Bl. Com. 402; Archb. Cr. Pl. 63; 7 Sm. Laws
Penna. 685.
GRANDCHILDREN,
domestic relations. The children of one's children. Sometimes these may
claim bequests given in a will to children, though in general they can
make no such claim. 6 Co. 16.
GRANDFATHER,
domestic relations. The father of one's father or mother. The father's
father is called the paternal grandfather; the mother's father is the
maternal grandfather.
GRANDMOTHER,
domestic relations. The mother of one's father or mother. The father's
mother is called the paternal grandmother; the mother's mother is the
maternal grandmother.
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